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Court Declines IVF Case for Medically Unfit Women
20 Jul
Summary
- Two women, aged 53 and 55, were deemed medically unfit for IVF.
- The Bombay High Court dismissed their challenge to the ART Act.
- Medical reports cited hypothyroidism, post-menopause, diabetes.
The Bombay High Court has concluded petitions challenging the age restrictions for assisted reproductive technology (ART) procedures. The challenge was brought forth by two women, aged 53 and 55, who sought to contest Section 21(g) of the ART Act concerning upper age limits.
These women had requested medical evaluations to assess their eligibility for in-vitro fertilisation (IVF), while their constitutional challenge remained pending. However, recent medical reports indicated that both petitioners are medically unfit to undergo IVF due to significant health issues.
One petitioner has a 15-year history of hypothyroidism and has been post-menopausal for two years. The other has managed diabetes for four years and has been post-menopausal for five years. These conditions rendered them unsuitable for the procedure.
Observing the medical findings, a division bench of the court noted that the petitions had become an academic matter. Since both women were found medically unfit after extensive testing, the court decided not to examine the broader challenge to the ART Act's age restriction.
